12491. Adulteration  and misbranding of gray  wheat  shorts  and  screen¬
ings. IT. S. -v. 400 Sacks and 400 Sacks of Gray Wheat Shorts and 
Screenings. Consent decrees of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. Nos. 18377, 
18378.    I. S. Nos. 12305-v, 12306-v.    S. Nos. C-4267, C-4268.)
On January 10, 1924, the United States attorney for the District of Kansas, 
acting upon reports by the Secretary of Agriculture, filed in the District Court 
of the United States for said district libels praying the seizure and condemna- 
tion of 800 sacks of gray wheat shorts and screenings, remaining in the original 
unbroken packages at Kansas City, Kans., alleging that the article had been 
shipped by T. C. Brunner & Son, from Omaha, Nebr., in two consignments, 
namely, on or about December 12 and December 14, 1923, respectively, and 
transported from the State of Nebraska into the State of Kansas, and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: " Gray Wheat Shorts and Screen- 
ings Not more than 4% Wheat Screenings Guaranteed Analysis * * * Not 
More than 5.5% Crude Fibre T. C. Brunner & Son Omaha 100 Lbs. When 
Packed."
It was alleged in substance in the libels that the article was adulterated in 
that it was not gray wheat shorts but was wheat mixed feed and screenings, 
with a high crude-fiber content, namely 8.21 per cent crude fiber.
It was further alleged in substance that the article was misbranded in that 
it was labeled so as to deceive and mislead the purchaser in that the tag on the 
packages containing the said article stated that the contents of the said pack- 
ages were " Gray Wheat Shorts and Screening," while, in truth and in fact, the 
said contents were wheat mixed feed and screenings finely ground. Mis- 
branding was alleged for the further reason that the article was in package 
form and the contents "were not stated in terms of weight or measure correctly 
on the outside of the package in that the label stated that the said contents
were " 100 Lbs. When Packed," when, in truth and in fact, the said contents 
were considerably less than 100 pounds. Misbranding was alleged for the fur- 
ther reason that the article was an imitation of and offered for sale under the 
distinctive name of another article, and for the further reason that the name of 
the manufacturer or producer was not correctly given on the label of the said 
packages, the label representing that T. C. Brunner & Son, Omaha, were the 
manufacturers and producers of the said article, when, in truth and in fact, 
the Omaha Flour Mills Co. of Omaha, Nebr., were the manufacturers and pro- 
ducers and T. C. Brunner & Son were the brokers and distributors thereof.
On February 14 and 26, 1924, respectively, the Southard Feed & Milling Co., 
Kansas City, Kans., having appeared as claimant for the property and hav- 
ing consented to the entry of decrees, judgments of condemnation and for- 
feiture were entered, and it was ordered by the court that the product be re- 
leased to the said claimant upon payment of the costs of the proceedings and 
the execution of bonds in the aggregate sum of $2,000, in conformity with 
section 10 of the act, conditioned in part that it be rebranded.
HOWARD M. GORE, Secretary of Agriculture.